Documents considered by the Committee on 3 December 2014 - European Scrutiny Committee Contents


10 Common Security and Defence Policy: Policing in Afghanistan

Committee's assessment Politically important
Committee's decisionCleared from scrutiny; further information requested; drawn to the attention of the Foreign Affairs Committee
Document detailsCouncil decision on the mandate extension of the CSDP Policing Mission in Afghanistan (EUPOL)
Legal baseArticles 28, 42(4) and 43(2) TEU; unanimity
DepartmentForeign and Commonwealth Office
Document numbers(36514), —

Summary and Committee's conclusions

10.1 EUPOL Afghanistan was established on 30 May 2007 with a three-year mandate; this was extended in 2010 for another three years, until 31 May 2013. It was set up to:

—  assist the Government of Afghanistan in implementing coherently its strategy towards sustainable and effective civilian policing arrangements, especially with regard to the Afghan Uniform (Civilian) Police and the Afghan Anti-Crime Police, as stipulated in the National Police Strategy;

—  improve cohesion and coordination among international actors;

—  work on strategy development, while placing an emphasis on work towards a joint overall strategy of the international community in police reform and enhanced cooperation with key partners in police reform and training, including with the NATO-led mission ISAF and the NATO Training Mission and other contributors; and

—  support linkages between the police and the wider rule of law.

10.2 The draft Council Decision extends the mandate of the CSDP Policing Mission in Afghanistan (EUPOL) and sets out plans for a new budget of €57,750,000 covering the period from 1 January 2015 to 31 December 2015.

10.3 As the "Background" section relates, this mission has been consistently supported by the Government, as being in line with its own priorities in Afghanistan and as part of the international community's wider efforts in supporting the Afghan Government. But over seven years of operation it has had a chequered performance. In the first period, it suffered from poor leadership: but it was always backed by Member States as being an essential complement to the recruit-level training of police officers being led by the US. Last year, with the wider withdrawal of ISAF forces in 2014 in mind, Member States commissioned an EEAS review.

10.4 Its mandate was last renewed on 1 June 2013, with a further €108 million budget covering the period from then until 31 December 2014. By the end of 2014, the mission will have cost over €220 million. In November 2012, the Minister for Europe (Mr David Lidington) told the Committee that he had secured the key UK objectives of a continued focus on Afghan National Police (ANP) senior leadership, a tighter and more focused EUPOL presence in the provinces and a further review in the autumn of 2013 to determine the shape of CSDP engagement after transition. Effective benchmarking, monitoring and evaluation would become ever more important, since only then would Member States be able properly to determine whether EUPOL had achieved its objectives, assess the impact of what was now five years of costly training and answer his key question — could the Afghans continue this training beyond 2014 with a much reduced international presence? EUPOL needed to get better at measuring this. With 14 CSDP missions globally, and the potential need for more, Missions needed to provide Member States with more comprehensive evidence of their effectiveness and to show that stretched EU resources were being used to deliver maximum impact. The Committee agreed with all this, reported it to the House and looked forward to hearing more in due course.[50]

10.5 That story concludes in a separate chapter of this Report, dealing with a subsequent EEAS Strategic Review of EU support for policing post-2014 (SR), which provides the backdrop to this Council Decision, and which should be read together with this one.

10.6 With this Council Decision in prospect, the Committee had asked the Minister a number of questions concerning the outcome of the SR: what sustainable outcomes the SR and the CIVCOM[51] concluded the mission had achieved thus far; what sort of budget was in mind for the next two years; what clear, measurable and deliverable objectives and timelines would be set down; and whether and how the next mandate would be benchmarked and assessed along the way. And, with the overall EU Strategy on Afghanistan 2014-16 in mind, how the next EUPOL mandate would relate to other relevant work, bilateral or multi-lateral, in the area of "good governance" and human rights.

10.7 The Minister's full response, which comprehensively answers our queries, is set out in our separate Report.[52] In brief, the Minister said that:

—  the SR assessed that:

·  progress had been made in all areas of EUPOL Afghanistan's mandate, but recognised that the Mission's six strategic objectives would not be fully achieved by the end of 2014;

·  Afghan capacity would not be sufficient to continue self-sustaining progress towards a capable and functioning police service by December 2014; and

·  non-EU actors, such as NATO and the UN, would not take on EUPOL Afghanistan activity; Member States agreed that EUPOL Afghanistan should therefore extend its mandate to support Afghan authorities in the further development of an effective civilian police force;

—  his own assessment was that EUPOL provided an effective means of delivering engagement on policing post-2014, augmenting the UK's own efforts to build sustainable rule of law institutions that the Afghans can lead in the long term;

—   Member States agreed that a two year mandate extension was a sufficient period to support Afghan authorities in areas where progress was lacking, allowing the mission to transition activity to the Afghans in a timely and practicable manner; and

—  based on the evidence presented in the SR, Member States agreed that the mandate extension should continue EUPOL Afghanistan's current structure of three broad lines of activity (advancing institutional reform in the Ministry of Interior (MOI), professionalisation of Afghan National Police (ANP) and connecting the police to the justice sector), within which support could be prioritised as necessary. Member States agreed on the continuation of all three strands of activity for the first year, with the third pillar (connecting the police to the justice sector) discontinued at the end of 2015. In its final year the mission would continue to support MOI reform and police professionalisation, with all activity transitioned to the Afghans or other multilateral actors by the mission end date of 31 December 2016.

10.8 The Council Decision (which is described in detail, along with Minister's view, below) is in line with the outcome of the SR, as described by the Minister. There, he noted that EUPOL Afghanistan will apply "a structured process to report and inform on the mission's performance and progress in implementing the mandate", which will be "benchmarked against the objectives, timeframes and measurable indicators identified within the OPLAN", and that this contains "a clear outline of the phases and timescales for activities in the run-up to the end of 2016, assessing progress of the three lines of operation and the transition of the mission's activity". The "benchmarking" process will help measure progress and outcomes by comparing the situation (an initial baseline) for a range of activities, against their evolution at given points using pre-defined indicators and means of verification; information on progress will then be used to facilitate tactical, operational and strategic policy adjustments, as required; and six-monthly reports issued by the Head of Mission which evaluate the mission against its specific objectives will be discussed in CIVCOM and the PSC, and "provide all Member States with the opportunity to critique the mission at regular intervals and inform budget and mandate discussions, ensuring that the mission is delivering value for money".

10.9 This is as it should be. But only time will tell if it works. We would therefore like the Minister, after the second of these six monthly reports, to write to us with: details of its contents and the PSC/CIVCOM conclusions thereon; of the prescription for the remainder of the mandate; and his views on the outcomes thus far.

10.10 In the meantime, we now clear this Council Decision.

10.11 We are also drawing these developments to the attention of the Foreign Affairs Committee.

Full details of the documents: Council Decision extending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN): (36514), —.

Background

10.12 The full history of the Committee's consideration of developments since the mission was established in 2007 are set out in our previous Reports.[53]

10.13 The Government has consistently expressed full support for EUPOL Afghanistan: without it there would be no international operation focused exclusively on providing civilian policing expertise; it also brought in other Member States in support of a UK foreign policy priority, and had an important role to play in the international community's effort in supporting the Afghan Government to develop its police force. However, while its performance had improved, it was still not fulfilling its full potential. The then Minister (Alistair Burt) was committed to supporting recent momentum so that the mission could achieve its objectives before the end of its current mandate in May 2013; but effective evaluation would be a top priority, to ensure that the new budget represented good value for money. The Committee commended the then Minister and looked forward to hearing about this when the next budget was presented.

10.14 The Council Decision that we considered on 11 July 2012 set EUPOL Afghanistan's budget for 1 August 2012-31 May 2013 at €56.91 million. As it covered only ten months, it was effectively 11% higher than the 12 months budget up to 31 July 2012. The principal reason was the need for a greater level of security and more close protection teams, in response to recent attacks on international advisers, as well as a heightened threat environment, and was consistent with the increased security arrangements of others in the international community. The number of EUPOL international staff was also now at its highest: 353, up from 182 at the start of 2009. The Minister for Europe (Mr David Lidington) stressed that, without it, there would be no international mission focused on providing civilian policing expertise or the professionalization of the senior police leadership; he also noted that the UK was a major contributor.

10.15 That other Member States were now putting more of their shoulder to wheel was, we felt, welcome. However, the principal reason for the budget increase — a greater level of security and more close protection teams, in response to recent attacks on international advisers, as well as a heightened threat environment — was sobering, to say the least. What the Minister had to say was essentially a brief statement of mission activity, and in no way an evaluation of EUPOL's impact and value for money over the previous 12 months. Given the cause of the budget increase, effective evaluation of EUPOL's activity was all the more important — as, therefore, was the strategic review to which the Minister drew attention. We therefore asked the Minister to deposit it once he had received and studied it, with his views on its findings and on its implications for the right way forward, and explaining where matters stood on evaluating its impact and value for money.[54]

10.16 The Minister's response is set out in detail in our 21 November 2012 Report. In brief, he said that he had achieved the key UK objectives of a continued focus on Afghan National Police senior leadership, a tighter and more focused EUPOL presence in the provinces and a further review in 2014 to determine the shape of CSDP engagement after transition. EUPOL's role was vital in developing a more capable, legitimate, accountable and sustainable Afghan National Police (ANP), and complementary to the work of the US and other international police reform programmes, which focussed on recruitment, equipping and providing basic training for new police recruits. By 2014, EUPOL would be in Kabul and three to four other locations, down from ten at present.

10.17 Looking ahead, the Minister said that a planning document would now be drawn up, looking at the role of the Mission until the end of 2014. Prompted by the UK, the new EUPOL Head of Mission was preparing to establish a "pure benchmarking system" for the mission: the Minister looked forward to updating the Committee on this in due course. Other Member States, like France, were also keen for evidence of EUPOL's impact. Effective benchmarking, monitoring and evaluation would become ever more important, since only then would Member States be able properly to determine whether EUPOL had achieved its objectives, assess the impact of what was now five years of costly training and answer his key question — could the Afghans continue this training beyond 2014 with a much reduced international presence? EUPOL needed to get better at measuring this. With 14 CSDP missions globally, and the potential need for more, Missions needed to provide Member States with more comprehensive evidence of their effectiveness and to show that stretched EU resources were being used to deliver maximum impact.

10.18 We presumed that that the planning document would pave the way to the next major review, determining the best post-2014 option, and looked forward to hearing more from the Minister when he submitted the next Council Decision for scrutiny.

10.19 In the meantime, we reported these developments to the House because of the widespread interest in the situation in Afghanistan; and for the same reason, also drew this chapter of our Report to the attention of the Foreign Affairs Committee.[55]

The most recent Council Decision

10.20 This extended the EUPOL mandate and sets out a new €108 million budget from 1 June 2013 until 31 December 2014. In submitting it for scrutiny on 8 May 2013, the Minister described EUPOL as the only organisation "doing for the police what the Officer Academy will do for the army: help the generational shift in Afghanistan by training a cadre of professional and able senior leaders". By 2014, the Minister said, the majority of basic police training would have been completed: then, "the principal gap will be on senior leadership, which is both EUPOL's area of focus and the area the UK considers key to a sustainable Afghanistan National Security Force". In the meantime, EUPOL was "performing well in the delivery of key areas of police training in which it added the most value — intelligence-led policing, CID, and community policing — through projects such as the Police Staff College, the City Police and Justice Programme and the Crime Stoppers hotline". The Minister again underlined EUPOL's unique role in developing a more capable, legitimate, accountable and sustainable ANP and in complementing the US and other international police reform programmes (such as NATO's Training Mission Afghanistan, NTM-A). The operating environment over this new mandate would see "a flux in security forces", and it was therefore important that UK officials continued to scrutinise the mission, and allow for Mission flexibility to adapt to any change. A further review in the autumn of 2013 would determine the shape of CSDP engagement after transition.

10.21 With regard to costs, the Minister said that he was "mindful" of the Committee's interest (and that of its House of Lords counterpart), as with other CSDP missions, and therefore provided a detailed analysis (which is set out in our 21 May 2013 Report).

Our assessment

10.22 We were happy to clear this Council Decision on the basis of the information provided at this juncture, and thanked the Minister for his detailed analysis of the budget. However, we were also even more interested in effectiveness and value for money.

10.23 There were to be two important milestones between then and the end of 2014 — the first being the autumn 2013 review. We presumed that it would focus on the Minister's key question of the previous November — would the Afghans be able to continue this training beyond 2014 with a much reduced international presence? We hoped that he would be able to deposit this for scrutiny in the normal way; if, however, its sensitivity prevented him from so doing, then we asked him to supply the sort of full summary that he had provided last November.

10.24 The second was the detailed report that was to be issued at the 12 month mark. We hoped that, finally, it would provide some evidence of effectiveness, rather than activity analysis; by the end of 2014, the mission would have cost over €220 million.

10.25 We recalled the discussion that we had had with the Minister about the audit by the Court of Auditors of another similar, lengthy and costly mission, EULEX Kosovo, which found that it had been effective only in a limited part of its mandate. Our discussion revolved essentially around the wider implications of this unprecedented audit, which we suggested should be applied to all CSDP missions — notwithstanding the political considerations that tended towards the quickest possible establishment of each new mission, they needed to be: given clear, measurable objectives and a time limit; be benchmarked; be rigorously assessed along the way; and be wound up if those objectives were, for whatever reason, not being met effectively and not providing value for money. Thanks in no small measure to the stamina and persistence of UK Ministers and officials, EUPOL Afghanistan had finally been brought to the point where, at least in theory, it was to be subjected to at least some of these key elements. If not now, then certainly by mid-2014, we needed to see detailed evidence of its effectiveness, so that the lessons could be identified and then applied to other such CSDP missions in similarly challenging circumstances.[56]

The draft Council Decision

10.26 The draft Council Decision extends the mandate of the CSDP Policing Mission in Afghanistan (EUPOL) and sets out plans for a new budget of €57,750,000 covering the period from 1 January 2015 to 31 December 2015.

The Government's view

10.27 The Minister comments as follows:

    "EUPOL AFGHANISTAN: Development of the Afghan National Police (ANP) is essential to long term Afghan-owned stability and security post 2014. EUPOL Afghanistan provides an effective means of delivering engagement on policing, augmenting our own efforts to build sustainable rule of law institutions that the Afghans can lead in the long term.

    "It is the only organisation focused on providing civilian policing expertise, focused on the development of a sustainable and effective civilian police force, closely coordinated with the Afghan justice system.

    "The Strategic Review of EUPOL Afghanistan assessed that progress had been made across all three lines of operation in the current mandate, including reform of the Ministry of Interior (MoI), professionalisation of the ANP and the development of links between the police and justice sector. However, it was assessed that Afghan capacity would not be sufficient to continue self-sustaining progress towards a capable and functioning police service by December 2014, and that further support would be required from EUPOL Afghanistan to prevent regression.

    "PROPOSED NEW MANDATE: It is proposed that EUPOL Afghanistan's current mandate be extended by two years until December 2016 to continue providing support to Afghan authorities in priority areas where progress was lacking. It would also allow full transition of authority to Afghan ownership to occur as smoothly as possible, whilst ensuring that the gains made to date are fully embedded and sustainable.

    "Following the Strategic Review, the extended EUPOL Afghanistan will be a smaller and more focused mission: mentoring will take place only at the highest strategic level, activity will be prioritised, and the geographical layout of the mission reduced, resulting in reductions in staffing and a reduced mission budget.

    "EUPOL Afghanistan will continue EUPOL Afghanistan's three current lines of operation (institutional reform of the Ministry of Interior (MoI), professionalisation of the Afghan National Police (ANP) and developing justice-police linkages) for the first year. At the end of 2015, EUPOL Afghanistan's justice work will be discontinued, with the following 12 months focused on the delivery of objectives under the two remaining lines of operation. All activity will be transitioned to the Afghans or other multilateral actors by the mission end date of 31 December 2016."

10.28 With regard to the Budget, the Minister notes that the budget is a reduction of 39% on the previous budget, which had covered the period 1 June 2013 to 31 December 2014. He also provides a detailed overview (see the Annex to this chapter of our Report), which he says is currently being negotiated in Brussels; should the final budget differ from the figures in his overview, he undertakes to update the Committee accordingly.

10.29 Finally, on evaluation, the Minister says:

    "UK officials will continue to evaluate closely the impact of EUPOL throughout the course of the mandate, which should remain flexible and appropriate for its operating environment, whilst maintaining value for money.


50   See (34908), -: Third Report HC 83-iii (2013-14), chapter 26 (21 May 2013). Back

51   The Political and Security Committee (PSC) meets at the ambassadorial level as a preparatory body for the Council of the EU. Its main functions are keeping track of the international situation, and helping to define policies within the Common Foreign and Security Policy (CFSP) including the CSDP. It prepares a coherent EU response to a crisis and exercises its political control and strategic direction. The PSC is chaired by a representative of the High Representative. In parallel with the European Union Military Committee (EUMC: the highest military body set up within the Council, which provides the PSC with advice and recommendations on all military matters within the EU), the PSC is advised by a Committee for Civilian Aspects of Crisis Management (CIVCOM). This committee provides information, drafts recommendations, and gives its opinion to the PSC on civilian aspects of crisis management. Back

52   See (35190), 11109/13 at chapter ?? of this Report. Back

53   See (34908) -: Third Report HC 83-iii (2013-14), chapter 26 (21 May 2013) and the earlier Reports referred to therein. Back

54   See (34057) -: HC 86-viii (2012-13), chapter 16 (11 July 2012). Back

55   See (34057) -: Twentieth Report HC 86-xx (2012-13), chapter 19 (21 November 2012). Back

56   See (34908) -: Third Report HC 83-iii (2013-14), chapter 26 (21 May 2013). Back


 
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Prepared 17 December 2014